I do not. I do not WANT TO PLEASE, SIR. PLEASE, SIR. OH MY GOD. PLEASE, NO. NO. >> [screaming] >> PLEASE, SIR. I'M NOT RESISTING. YOU JUST SAY NO. YOU KNOW MOM. MOM, PLEASE. MOM, PLEASE. MOM, PLEASE. MOM, PLEASE COME HERE. PLEASE COME. I DON'T WANT TO DIE TONIGHT. I DO NOT WANT TO DIE TONIGHT. >> On March 1st, 2023, a Florida Sheriff's Office Deputy stopped a Texas driver clocked at 94 miles an hour in a 45 zone. The legal questions begin with that number. >> Hello. >> Hello. >> Deputy Evans with the Sheriff's Office. The reason why I pulled you over today is you're going 90 miles an hour down this road. You know what the speed limit is on this road? >> I I actually I'm sorry. I was I was a little discombobulated. I'm >> Okay, you're going 90 miles an hour. >> I didn't realize. I'm so sorry. >> Okay. Where you coming from? >> I I actually live in Texas. This is my mom's car. I was going to pick up my friend. >> Okay. >> Yeah, she has some stuff for Goodwill and uh >> Okay. Where you coming from? >> Um like Bartow Springs right here. >> Okay. >> Yeah. I I didn't realize. I'm so sorry. >> Okay. Do me a favor. Let me see your license real quick. Roll down your window. >> Okay. I'm sorry. >> It's going to be 043 6 uniform trailer. Sorry about that, sir. I'm afraid you're burning up your car here. >> I I am? >> Yeah. >> Well, I'm sorry. This is my mom's car. So, I I really don't >> Okay. >> I don't know. I have to one second. >> Let me see your license, registration, and proof of insurance. >> Um let me let >> Let me see your driver's license. Let's start with that. >> Yeah, I have that. I I'll have to check for her um insurance and everything. This is Like I said, this is my mom's >> So, is your current address? >> Yes. I I Like I said, I'm from Texas. >> Okay. >> I I just got down in town today. Um let me see where she has her insurance. I I have to call him. >> Okay. >> And with >> You've been drinking tonight? Cuz I smell strong odor of alcohol coming from your breath. >> Of my breath? >> Yeah. You've been drinking tonight? >> No. >> You haven't been? >> No. >> All right, do me a favor. Turn off your car. >> No, I I I I >> And take your keys out. >> W- um >> Go and take the keys out of your car. >> I'm sorry. I don't I just don't feel safe. Can I call my mother while we're doing all of this? I just I really don't feel safe. Sorry. I'm with that >> I'm a police officer. >> I know, but >> I smell strong odor of alcohol coming from your breath. >> No, I I know. >> Okay. >> I know you said that, but I I makes me feel >> want you to drive this car. >> Um sir >> Okay. So, that's what the deal is right now. >> have not been drinking. You're making me feel very unsafe. >> 3449, send me send me send me attention to >> I'm sorry. This everything that's going on right now. I don't want TO BE SHOT BY A police officer. Like let me call my mother. I'm sorry. I don't I'm I'm sober like the fact that >> You can 10-98 her right now. Just send me code one. >> Oh my god. Mom, you can hear I you can smell my breath. I >> Okay, I smell alcohol. >> And that's what scares me. That's the fact that you say that. >> Find out where your registration and proof of insurance is. Your registration and proof of insurance. >> officer is I got pulled over and he's really implying that I'm like smelling and reeking of alcohol, which is scaring me because of everything that's going on in the United States right now, and I just I have you on the phone right now because I do not feel comfortable. >> Find out where your registration and proof of insurance is. >> Can you Where's I don't It's in I'm on it. Just I just don't WANT TO BE SHOT to be honest. It's in the glove compartment. Okay. I'm I'm down in proof of I I'm sorry. I'm I'm just really scared. Like please >> There's nothing for you to be scared at, man. >> You're really accosting me right now. I'm just >> I'm what? >> You're accosting me right now. >> I'm accosting you for asking you for your license, registration, and proof of insurance. I'm not hostile at all, ma'am. I am not hostile at all. Matter of fact, everything everything that we're talking about right now is on the camera. >> So, sir, what did you say that I am? You said that you smell what? >> Alcohol. >> Okay, so that that is overly implying that you feel like there is some sort of presence here that you need to feel forceful. >> I'm feel forceful. Okay. So, find your registration and proof of insurance and I'll be back with you in a minute. >> Pulled her over 90 miles an hour, signal one. She thinks she's being calm, being hostile. 94, right? >> Huh? >> Let me say 94. >> Uh yeah. 45. >> Yes, playing dumb, hostile, and I'm going to shoot her and all this other craziness. >> Ma'am, go ahead and step out of the car. Ma'am. >> What? I can't find it. >> It's probably it right there. Go ahead and hang up the phone, ma'am. >> No, I do not want I do not feel calm. >> Step out OF THE CAR. >> [screaming] >> STOP RESISTING. >> I WILL NOT LEAVE. STOP, PLEASE. PLEASE. NO, I'm not. No, please. >> I have my hand on your back. >> Oh, please. OH MY GOD. >> [screaming] >> PLEASE. OH, PLEASE STOP. >> STOP. >> PLEASE. NO, I will >> You're making this harder THAN >> NO, I'M NOT. >> YOU ARE. YOU ARE. >> I'M NOT. OH, PLEASE. OH, PLEASE. [laughter] >> I DID NOT DO IT. >> NO, I like No, please stop. Please, NO, PLEASE STOP. NO, NO. OH MY GOD. PLEASE, don't shoot me. Please, do not shoot me. I didn't even >> You watch TV. >> No, no. >> Step in. Step in. Step in. >> What alcohol is in MY CAR? CAN I HAVE >> JESUS CHRIST. >> OOH, there's a drink right there. Yeah, that's alcohol. Just hang out. She's definitely going for reckless. Damn, I wish that didn't spill. I can smell it though. >> You can smell it on her, too. >> Yeah. I mean, she just flopped down, so. >> Yeah. >> I mean, that was That's got alcohol on it. I can smell it in the glass. Yeah. >> Does she live around here? >> Uh So, she lives in Texas. So, I'm going to I don't know how I'm going to be able to do a uh DUI. >> I mean, you can ask her if she's willing to She's not going to do it. Don't try it. >> No. >> I mean, you can ask her, but She's already trying to say she's not shooting. >> Right. Do you You us to start a rotation? >> Uh, not yet. >> All right, young lady. Let's try this one more time. Okay? My name's Stephanie Evans with Sheriff's Office. Okay? You have the right to remain silent. Anything you say can be used against you in court. >> Sir, who are you arresting me? >> the right to talk to a lawyer for advice before we ask any questions and have that lawyer with you during >> me? Can I ask the >> during questioning. >> Can I please ask the officer >> Right now it's reckless driving. Reckless driving. >> How? >> And resisting an officer. >> Are you serious? You yanked me out of my car. Like I >> Ma'am, you need to step out of the car. >> No, I felt I told you I felt uncomfortable. So, that is why I >> Okay. So, you're being charged with those two things right now. And then we're going to do a DUI investigation. >> Okay, y'all can do that. >> Okay. >> Y'all can do that. >> So, we'll start this again. Just listen up. You have the right to remain silent. >> rights. >> Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask any questioning and have him with you during questioning. If you can't afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions without a lawyer present, you still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to the lawyer. Do you understand each of these rights as I explain them to you? >> asked. I understand all of those. What are What are you >> understand each of these rights as I explain them to you? >> Can you please tell me >> With these rights in mind, do you want to talk to me now about what's going on? >> I am asking I said I understand my rights, sir. Can I please ask what are the What is it? >> What is what? >> You said it's reckless driving and >> Resisting without violence. >> No, but it's not like I was resisting. >> Listen. Listen. >> You yanked me out of my vehicle. You could have asked me to step out of the car. You didn't. You did not. You did not ask me to step out. >> Numerous times. >> No, you didn't. have >> on my body camera. >> No. >> It's right here. >> You said can you step out? I said I do not feel comfortable. You did not >> That is resisting, right there. >> THAT'S NOT NO, THAT'S NOT FAIR. Y'ALL COULD HAVE A CONVERSATION WITH me as an individual. >> Okay. >> And I >> I told you to step out of the car and you told me you weren't going to. >> No, I never said I wasn't. I said I was not comfortable. I want you to understand why you were angry. >> So, here's what we're going to do. Your state statute does not require us to give you a reason to step out of the vehicle. >> Okay. >> Okay. >> We told you to step out of the vehicle. As individuals, I wanted you to understand. But that Sir, I'm I'm 5'3" and y'all three men were on me. That is That makes me feel scared. >> we're Here's what >> That makes me feel scared and uncomfortable. Do you not see that? I asked you just to talk to me. I would step out. I would have stepped out. >> Put your foot in the car. Okay. Now, we're going to get by that. Okay. We're going to talk about my feet. >> I feel like the most disrespected person in America as a >> I have it all on video video. >> Yes, and as they pulled up, I only asked you, "Can you tell me what's going on?" I I do not feel comfortable. I said that. I never called you out of your name. I never said any of that. >> I told you that you were reckless driving. You were going 94 miles an hour. >> And I told you I was >> The speed limit's 45. Reckless driving is an arrestable offense in the state of Florida. Okay? >> And I I'm out of state. Like I told you I was looking at my GPS. I just I would I apologize for that and I was just not paying attention at the time. >> Reckless driving is the charge number one. Okay? >> And I will apprecia- I I accept that. >> you're going to jail. >> But the the rest No, the rest of that happened as far as you yanking me out the car. I Like that that was very uncomfortable. >> Okay. >> That was some VERY UNCOMFORTABLE STUFF. >> THAT. WE'RE BEYOND THAT. >> NO, THAT'S I have a personal right. >> here's what we're going to do now. Okay? >> You are so disregardful and disrespectful for any individual right. Like I I am severely Okay. >> So, I'm going to write the tickets first. >> Okay. >> And then I'm going to try to wait and see if she comes down. But, if she doesn't >> I mean, I would just tell him to use a breathalyzer. >> I lose your daughter? >> Who's your daughter, man? >> Um >> You drive that truck? >> Yeah. >> Yeah. >> Yeah. Can I see her? >> Uh not at the moment. What What do you need? >> Well, she called me and I mean, I I was afraid. >> So, she is being arrested. >> Why? >> She's going for she's reckless driving. She's under the influence of alcohol. And she resisted the officers and >> Resisted? >> So, I believe you're under the influence of alcohol. >> And I would like, you know, all the tests that you need me to do. And how is that? >> Okay. Yeah, well, basically, you're going to submit to field sobriety test. >> I can do that. >> Okay. All right, give me a few minutes and then we'll go ahead and do the testing. >> Okay, sir. I never opposed to anything that you said before. I said I opposed to how you handled me, which was very very very I told you I wasn't comfortable and it just it really escalated. >> No, I treated you with dignity and respect like I do everybody, man. After I told you numerous times to get out of the car, you didn't get out of the car. >> my door. >> Absolutely, I did. >> And then you said get out of the vehicle one time. >> Okay. And what did you say? >> I said I do not feel comfortable. And you did not give me another chance to even have a conversation, which is where >> That's when my backup arrived and then you still didn't get out of the car. >> NO, I SAT THERE. I DID NOT TOUCH YOU. I JUST SAID, "PLEASE, TALK to me." And you yanked me out of the vehicle. I felt uncomfortable and I told you that. >> Well, she was going 94 mph in a 45 mph and I did a traffic stop. And then it just wanted >> I remember you from Bartlesville. You used to be the I love We live in Bartlesville. You used to be the cop out there. >> Yep. >> Yeah. >> Okay. I'm going to do some field sobriety tests. I smell alcohol on her breath. Make sure she's not intoxicated to the point where she's a DUI. Okay. Do you have any questions for us? >> I wish that there was another way around this. >> Well, there is. And she she made that happen. Not me. >> She's pretty dramatic. >> Okay. And and I understand that. And I was like I said when I went up to the car I said mentioned who I was, the reason why I pulled her over, that she was going so fast and I asked her why she was going so fast and and then she went on the I said do you have your license, registration, proof of insurance and she said she didn't know. And she was afraid that I was going to shoot her and she was going to call your mom. >> Yeah, well she did. >> just find out where your registration and proof of insurance is. >> Yeah, and I heard her. I was on the phone with her. She called me and I kept telling her let me talk to him because we're with USAA military. So I said I can give you them the insurance number over the phone and then I heard her scream which is why I came out here. >> Yeah. For some reason she thought we were going to do any harm to her. >> well, and >> And that wasn't the case whatsoever. >> Well, I being black and I'm sorry. >> Black had nothing to do with tonight. >> Well, again, no it did. But the things that kids her age are seeing >> Mhm. >> with police officers. Um, she's afraid and that's It doesn't It doesn't It It does not um >> There was no reason for her to be afraid to me. >> And >> None whatsoever. >> That's That's easy to >> It was a traffic stop. >> make her behavior acceptable. >> So you >> I'm not saying that the way way this this could have gone this could have gone is if the the conversation was cordial, I could give her a court date. She got a court and explained to the judge why she's going so fast. >> Right. >> She gets some points on her license. It's a done deal, okay? But she decided by her behavior how this went tonight. >> Yeah. See, >> I I didn't do that. She did that. Okay? So, that's where we are. So, you're free to go anytime you want. >> Can I see her or is >> No. Not right now. I'm going to let her calm down a little bit and go ahead and move your car or >> Well, that's what I I want to have happen because >> What's that? >> she has anxiety. >> Okay. >> Uh and um I just want to make sure she's calm >> She's she's good. >> and not hyperventilating and >> She's she's good. She's in the back of my car right now. >> and northbound to the Westside again. >> No. >> Why? >> You're going to jail for reckless driving. >> So, I go to jail for speeding? >> Reckless driving. Anything over 30 mph is reckless driving. You were going 94 in a 45. >> going to jail or is that reckless in a speeding ticket? Where I >> You're going 44 mph over the speed limit. That's reckless driving. >> jail. I In Florida statutes, I don't think that's jail time on a ticket, sir. >> Okay. >> Can you please show me where that is jail time? >> Nope. >> Okay. So, that is I don't understand that because I do know my rights. >> Okay. >> And that's why I'm agreeing to the field sobriety test. >> And we're going to we're going to go there. >> Yeah. >> as mom leaves. Sorry about that, but she's going to be leaving. >> Y'all will shoot me. Y'all will [clears throat] shoot ME. Y'ALL WILL STRANGLE ME. Y'ALL WILL DO WHATEVER. THREE MEN on a girl with a 5 and 3. I do >> The supervisor's here. >> No, I I NEED MY MOM. MOM, STAY. MOM. I DON'T WANT TO DIE TONIGHT. I DO NOT WANT TO DIE TONIGHT. I DON'T WANT TO DIE. >> [laughter] >> DIE TONIGHT. >> SHE SAID she's going to call the mayor. Okay, cuz this isn't going to work to do a DUI investigation with her here. Cuz all she's going to do is film. All right, young lady. >> I'm sorry, sir. I'm I'm I'm I'm I'm very like severely excited. I'm trying to calm myself down. I'm sorry. >> Take a deep breath. >> I'm sorry. I'm having I'm having a panic attack. Just give me a second. Give me a second. >> Now, would you like fire and rescue to come check you out? Ma'am. Would you like Would you like fire and rescue to come check you out? All right, we're going to have somebody come check you out, okay? Breathe through your nose and out of your mouth. That's the best way to do it. You're you're hyperventilating yourself. You got to breathe through your nose. Close your mouth and breathe through your nose. You'll be okay. Breathe through your nose and out of your mouth. There you go. >> Please, sir. Sir, just give me a second. I I You're giving me a pressure with the light. Please. Please. >> Okay. All right, I'll give you a second. This lady, man. She didn't want to I prolong this. She blows triple zeros. She's still going to get a reckless and resist. So Issue one, the stop. Under Wren versus United States, 517 US 806 1996, any observed traffic violation justifies a stop. Speeding under Florida statute 316.183 meets that test. The odor of alcohol widened the inquiry. Under Rodriguez versus United States 575 US 348 2015, extending a stop requires reasonable suspicion. The reported odor supplied it, opening a DUI investigation under Florida statute 316.193. Issue two, the exit order. Under Pennsylvania versus Mims 434 US 106 1977, officers may order any driver out of a lawfully stopped car. Fear is not an exception and no explanation is required. Refusing that order invites Florida statute 843.02, resisting an officer without violence. The state must prove a lawful duty, an act of opposition, and knowledge of the officer's status. The offense is a first-degree misdemeanor. Issue three, the arrest. Under Atwater versus City of Lago Vista 532 US 318 2001, an officer may arrest for any offense committed in the officer's presence, even a minor traffic violation. Reckless driving under Florida statute 316.192 requires willful or wanton disregard for safety. The deputy's 30 over rule is not in the statute. The state would rely on the 49 mph margin. Issue four, force. Graham versus Connor 490 US 386 1989 weighs offense severity, immediate threat, and active resistance. The audio reflects a seated driver, verbal refusal, and no reported weapon or flight. Passive non-compliance permits some force under Florida statute 776.05, but gratuitous force on a non-resisting arrestee is excessive under Hadley versus Gutierrez 526 F.3d 1324, 11th Circuit 2008. >> As you start doing the black thing and I'm going to shoot you. >> What? >> I don't think she's going to need to be shot. >> Don't worry about that. Just go. >> Hello. >> Hi, young lady. This is the fire rescue people. If you slide over to the left here, she's going to help you out, all right? >> I'm sorry. I'm sorry. >> All right, so here's what we're going to do. I got to read something to you real quick. >> Okay. >> Okay. And then we're going to be on our way. >> I can't do my field sobriety. >> Yeah, yeah. We're Well, with the with the other uh field sobriety, we're not going to do. >> Why Why don't I Why don't I Why don't I Why don't I Why don't I Why don't I >> uh Miranda rights. Listen Listen to me. Okay? I read you your Miranda rights. Okay? Now, I'm going to read you what's called implied consent. Okay? I am conducting a DUI investigation. >> Okay. >> Okay? And I am now requesting you submit a lawful test of your breath for the purposes of determining its alcohol content. Will you take this test? >> Go ahead. >> What's that? Yes or no? >> Is So, you said field sobriety. You didn't say >> I am now requesting that you submit a lawful test of your breath for the purpose of determining its alcohol content. Are you going to take this test? >> What is the standards based off of? >> You're blowing into a machine. >> And what is your meter? What is your meter? I don't >> It's down at the jail. >> So, you There's no field sobriety is what I'm hearing. No, that's what you're telling me. >> We're already past that. We're doing breath test. >> you said there would be a field sobriety. >> I am now requesting >> I do not consent then. I do not consent to that >> Okay. Okay. Now, listen up. I I still got I still got some stuff to stuff to read to you. Okay? >> And y'all see that on your cameras. I said field sobriety and he did not consent to that. He's reading me his rights. So, on your cameras, that's what you're getting. >> If you refuse to take the test that I've requested of you, your driving privilege will be suspended for a period of 1 year >> you said field sobriety. >> refusal or 18 months if your your >> This is awful. >> If your driving privilege has been previously suspended >> If you read me my Miranda my Miranda's, I will stay silent then. >> Okay. >> Then okay. Because you were not giving me my rights. >> so I can finish reading this. >> And I do not consent. So, therefore, yes. >> If you refuse to take the test that I've requested of you, your driving privilege will be suspended for a period of 1 year from the first refusal driving privilege has been previously suspended or if you have been previously fined under 327 322.15 for refusing to submit a lawful test of your breath. Additionally, if you refuse to take the test I have requested of you and if your driving privilege has been previously suspended or if you have been previously fined for refusal to submit a lawful you will be committing a misdemeanor in addition to the other penalties which can be imposed by law. Refusal to submit to the test that I have requested is admissible in evidence in any criminal proceeding. Do you still refuse to submit to this test? Ma'am? Do you still refuse to submit to this test? Okay, no response. In addition, if you hold a commercial driver's license or CDL, which you do not currently, your refusal to submit to testing will result in your loss of commercial driving privileges. Do you still refuse to submit to the test that I requested of you? >> I did not refuse. I'm not responding. >> Okay. >> I did not refuse. >> Okay. >> I wanted a field sobriety >> You didn't do it because you were too combative. So, you're going to have a chance to blow into the breathalyzer machine. Yep. Are you willing to provide a breath sample for me to determine the alcohol content of your breath? Okay, so you are not willing to provide a breath sample. So, what we read to you is implied consent. I'm now requesting that you submit to a lawful test of your breath for the purpose of determining its alcohol content. Will you take the test? >> You are not requesting that you submit. >> Okay, so what is What is your reason for something? Sorry? >> You're not requesting >> No, I am now requesting that you submit a breath I'm now So, I'm reading it verbatim. I'm now requesting that you submit to the lawful test of your breath for the purpose of determining your alcohol content. Will you provide a breath sample? Will you take the test? >> No. He said field sobriety and he >> If you refuse to take the test I requested of you, your driving privilege will be suspended for a period of 1 year for the first refusal or 18 months if your driving privilege has previously been suspended. Or if you have previously been previously fined under Florida Statute 327.35215 for refusal to submit to a lawful test of your breath, urine, or blood. Additionally, if you refuse to take the test I requested of you, and if your driving privilege has been previously suspended, or if you have been previously fined under Florida Statute 327.35215 for refusal to submit to a lawful test of your breath, urine, or blood, you will be committing a misdemeanor. >> Until my lawyer >> a refusal. >> Until my lawyer gets >> Okay, this constitutes a refusal. The lawyer has nothing to do with >> Well, you read me my my Miranda rights, so that's >> That's correct. That's fine. It has nothing to do with implied consent for providing breath sample for determining your alcohol content. Understood. This will constitute as a refusal. Thank you. >> Uh >> Take it easy. >> Just pull it up and I'll fill it out since I'm the one that asked. >> Issue five, Miranda. Under Miranda versus Arizona 384 US 436 1966, warnings are required before custodial interrogation. Under Berkemer versus McCarty 468 US 420 1984, roadside questioning is not custody. Custody began at arrest and warnings followed. Miranda does not govern the breath test. Under Florida Statute 316.1932, drivers consent to breath testing after a lawful arrest and refusal is admissible at trial. South Dakota versus Neville 459 US 553 1983 held that admitting a refusal does not violate the Fifth Amendment. Correia versus State 67 Southern 3rd 1052 2010 rejected excusing a refusal based on a belief that counsel comes first. Field sobriety exercises are voluntary in Florida, so skipping them does not invalidate a breath request. Announcing them and then pivoting hands the defense an inconsistency theme, though the deputy later cited combativeness. One remark requires separate treatment. An off-camera voice refers to doing the black thing while the driver's fear is discussed. The speaker is unidentified and the audio partly unclear. Wren places selective enforcement claims under the equal protection clause. A remark alone rarely proves one, but it bears on credibility. The final disposition of the charges is unknown at the time of this analysis. All individuals are presumed innocent until proven guilty in a court of law. Deputy Evans receives a B minus. The stop, exit order, arrest authority, and Miranda advisement were legally sound and calling fire rescue during the panic episode showed good judgment. However, multiple deputies and no emergency make the physical extraction difficult to defend as necessary. Under Graham, that question remains contestable. The driver receives a C. Credit is due for admitting the speed, initially providing her license, and using no violence. However, refusing a lawful exit order under Mims produced the resisting charge, and conditioning the breath test on field sobriety or a lawyer produced a refusal. Fear is understandable, but it does not by itself negate the elements of the statute. Lesson one, a lawful command is followed first and contested later because the roadside is not the forum for a rights dispute. Lesson two, a first breath test refusal costs a 1-year license suspension, whatever reason is given. Lesson three, explaining a lawful command, though not required, can prevent escalation. Off-camera remarks remain discoverable in civil litigation.